Last update of this webpage: 29.11.2016

Your agreement to these terms and conditions of use

Please read these Terms and Conditions of Use (in the following the "terms") carefully before using the http://go.pilotanywhere.com platform (in the following also the "website", the "service") as they contain binding legal agreements and obligations between you (in the following also the "user") and the Rotfuß GmbH (in the following also the "operator", "we", "us", "our", "he").

By accessing this platform, browsing, registering for this service or using it by any method, you acknowledge that you have read and understood these terms and agree to be bound by these terms. If you do not agree to these terms, or parts of it, you must immediately terminate your use of this platform.

If you are using this platform on behalf of a legal entity, company or organisation (in the following "organisation"), then you warrant that you are an authorized representative of that organisation with the authority to bind that organisation to these terms. You also warrant that you have read these terms, understand these terms, and agree to these terms on behalf of that organisation.

Privacy policy

By accessing this platform, browsing, registering for this service or using it by any method, you agree to the Privacy Policy, which describes how the operator and this website collects and uses your personal information.

Intended use

This platform is designed to control own or third-party electro-mechanical machines, e.g. unmanned aerial vehicles, assisted by a live video and telemetry data feed. Any other use of this platform is strictly prohibited.

You may not control or enable the control of your vehicle via this platform, if your local laws prohibit you to do so.

You may not change or modify this platform by any means. Moreover, you may not stream any data or video to the platform that is not associated with the controlling of your electro-mechanical machine. You may not download or copy any content generated by other users of this platform or any part of this website, except for caching during your use of this platform. You may also not interfere in any kind with the use of this platform by other users. You may not use any data mining, algorithms or other data collection or extraction methods to access this platform, unless expressly authorized by the operator of this website.

If you fail to comply with the intended use of this platform, you may violate applicable laws and face legal consequences, e.g. on the basis of copyright or aviation laws.

Your content

This platform allows you to stream, chat, link, store and otherwise exchange certain information, like messages, data, text, images, videos or other material (the "content"). You are fully responsible for the content you provide to this platform, i.e. among others you are responsible for its legality, origin and appropriateness, and you provide it at your own risk.

If you provide content to this platform, you provide us non-exclusive, irrevocable, perpetual and royalty-free right to use it for our current and future business purpose. You especially grant us the right to sublicense your content to other users of this platform or other third-parties, without the need to pay you royalties or license fees for that content. Moreover, you grant us the right to save, change, cache, modify, publish, translate, create derivate works from, reproduce, display, show, stream, restream, distribute, deliver, encode, decode your content in any form, format or media, using current technologies and also technologies that are yet not known or developed.

By submitting content to this platform, you warrant and confirm that you have the right to submit that content to this platform, i.e. for example that you own that content, its yours, or you have the right to use it according to these terms. In addition, you warrant and represent that your content and its submission to this platform does not and will not violate any copyright and publicity rights, personal privacy rights or other rights of any person or legal entity. You also warrant that you generated and obtained the content without violating any applicable law, order or regulation relevant for your content and your electro-mechanical machine.

Your account

You can create an account with the platform for certain services by using the login or signup function. If you create an account with the platform, you warrant and represent that all information associated with your account is correct and complete. You also agree to keep your account and login details private, current at all times and not to share it with anyone. If you fail to comply with this, we may terminate, close or delete your account. This may take place immediately and without any prior notice or warning, in particular when we obtain some indication for such violation.

If you become aware that someone has obtained your login details to this platform or there is an unauthorized use of your account, you have to inform us immediately.

When you create an account with the platform, you may choose a channel name associated with you account. For this, you may not use a vulgar or offensive term and you may not use a name, entity, trademark or a another description for you channel that is not lawfully available to you.

License

The content (in the following also the "material"), on this platform, for example, logos, trademarks, text, pictures, videos, sound, source code, are protected by the German Copyright and Related Rights Law (Gesetz ├╝ber Urheberrecht und verwandte Schutzrechte), copyright laws of other countries and other applicable laws. The material available on this platform is the proprietary property of the operator of this platform, the users of this platform and/or third-parties.

Unless expressly stated otherwise, you are granted a limited and non-transferable licence to access and use this platform for your personal or your internal organisation matters use only. You may use this platform for commercial use, public performance or public display by providing a reference to this platform. If you do so, you may not sub-licence the content of this platform to any third-party, unless otherwise agreed.

All rights not expressly granted in these terms are reserved for the operator of this platform and may change without prior notice.

External links, referrals, services

This platform may contain links or referrals to third-party websites and may also use third-party services. The operator has good faith belief that the use of these external services is safe. However, he has no control over external websites and services.

The operator of this platform does not assume any responsibility for the content, accessibility, reliability, practice, policies and terms of external websites and services. In particular, you agree that the operator of this platform is not liable, directly or indirectly, for any losses, damages or adjournments you encounter during your use of this platform, which were caused or alleged to be caused by or in connection with links or referrals to third-party websites or the use of external services.

Termination

The operator of this platform may cancel, suspend or terminate the service available on this platform at any time, for any reason whatsoever and without any prior notice. This applies also to your account with the platform. If this case occurs, your right to use this platform and any legal relationship between you and the operator of this platform ceases with immediate effect.

Copyright infringement notification

The operator of this platform installed a designated agent to receive all claimed copyright infringements that may occur on this platform. Please notify the designated agent, if you believe that the content on this platform infringes any copyright under your ownership or control, using the following email address:

1@pilotanywhere.com

Please include in your notice your contact details and all substantial information about the alleged copyright infringement, including also all relevant information about the copyright itself. Please also state that your notification is accurate, and under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the copyright owner, its agent, and the applicable law. Moreover, please state that you have a good faith belief that the use of the material your complain refers to is not authorized by the copyright owner, its agent, or the law.

If you intentionally misuse the copyright infringement notification described above to remove, block or delete some content from this platform or adversely influence the operation of this platform, you will be liable for any damages, costs and fees incurred by the operator of this platform and the alleged infringer as the result of our good faith belief that there is a statutory basis for your claim.

Limitation of liability

In no event shall the operator of this platform, nor its directors, employees, partners, agents, external service provides or affiliates, be liable for any direct or indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access, your inability to access or your use of this platform, (b) any presence, action, content or conduct of any other user or third-party of this platform, (c) any content provided by or obtained from this platform, (d) any not permitted access, use, modification or alteration of this platform by the users of this platform or third-parties, (e) any electronic communication with this platform, including any sending or receiving controlling messages to or from this platform, whether based on warranty, contract, tort, assumptions or any other legal theory, legal thinking or legal concepts. This applies to all cases, whether or not the operator has been informed of the possibility of such damage, and even if a limited remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

The use of this platform takes place at your sole risk. The platform, its service, and especially its ability to communicate with your electro-mechanical machine is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties or conditions of any kind, either expressed or implied, i.e. without the implied warranty of merchantability or fitness for any purpose - including the intended purpose.

Governing law

These terms and all resulting legal relationships between the operator and the user of the platform are governed by German law, without recourse of any UN conventions and without regard to its conflict of law provisions.

Changes to these terms

The operator of this platform reserves the right, at his sole discretion, to modify or to replace these terms at any time, which would supersede and replace any prior agreements regarding the use of this platform. Any material change to these terms shall be communicated appropriately, ideally 20 days before any new terms become effective. The operator of this platform determines, at his sole discretion, what constitutes a material change.

By accessing this platform, browsing, registering for this service or using it by any method after the aforementioned changes of these terms become effective, you acknowledge that you have read and understood these new terms and agree to be bound by these new terms. If you will not agree to the new terms, or parts of it, you will immediately terminate your use of this platform.

Miscellaneous

These terms and the herein referenced documents constitute the entire agreement between the operator of this platform and you, the user of this platform. There are no other agreements between the operator of this platform and you, unless otherwise agreed by the operator and you in writing.

The failure of the operator of this platform to enforce any right or provision resulting from these terms shall not be considered a waiver of those rights. If any provision of these terms are or should become invalid or unenforceable by a court, the remaining provisions of these terms remain in effect.

The competent place of jurisdiction is Heidelberg, Germany, unless otherwise agreed. The same applies to the place of fulfilment for all services provided by this platform.